RAM CHAND Vs. MOHINI BAI

JUDGEMENT

(1.) This is an appeal under Sec. 28 of the Hindu Marriage Act.

(2.) The marriage between the parties was solemnised according to Hindu rites on 25-5-1973. The couple lived together peacefully for about a year after their marriage. The trouble then arose and differences grew between the parties and each of them started blaming the other. The wife, viz., Mohinibai started living away from her husband Ramchand at her matrimonial house. However, with the intervention of certain persons a re-conciliation was brought about and they started again living together. This, however, could not last long. There was again separation after two months. Then the appellant viz., husband Ramchand brought a suit against his wife Mohini for a decree of divorce. This was founded on two grounds. At the first place, it was alleged that the respondent has withdrawn from his society without any reasonable cause. Secondly, it was urged that she has treated the appellant's mother with cruelty inasmuch as she called her 'Mui Chandi' and showed her palm which according to their custom is a bad sign and tentamounts to curse. It was also urged that the wife filed a suit against the appellant praying that he be restrained from remarrying which allegation was false and which lowered the appellant and his family members down in the eye of their people. The suit was resisted. The allegations were denied except the filing of the suit which was said to be mala fide. The counter-claim was made for a decree of restitution of conjugal rights.

(3.) After trial the husband's suit for divorce was dismissed but a relief was granted to the wife Mohinibai decreeing restitution of conjugal rights in her favour. The appellant has preferred this appeal against this judgment.